When a Parent Withholds Medical Info From the Other Parent

When you're divorced or separated, parental rights are not always straightforward. Many states have laws stating parents have the right to access their child's medical, school and other records. Yet sharing them sometimes remains a point of contention.

When a parent withholds medical information from the other parent, they may face sanctions if they're violating the law or the terms of a custody order. Knowing the rules of information sharing and your options for gaining access can save you a trip to court.

Parents' rights to access medical information

Generally, those with parental rights can access their child's medical information, regardless of which parent pays health costs or makes health decisions. Medical information includes the names and addresses of healthcare providers and detailed records of treatment the child has received.

Parents don't have to notify one another before accessing the child's medical information. They can also grant others like grandparents access without telling the other parent, and the other parent cannot prevent it.

Under HIPAA law, parents are considered the child's "personal representatives," meaning they can access their child's medical records. However, there are circumstances when the healthcare provider does not need to share medical information with parents:

• When the child receives treatment that does not require their parent's consent
• When the court orders the child to get the treatment
• When a parent gives their child permission to speak with the healthcare provider in private

The healthcare provider may still allow parents access in these circumstances. In some states, the child must give permission before the parent can obtain the records.

The court or a professional working with the child (e.g., a social worker) can prevent a parent from accessing the child's medical records if it's not in the child's best interests or if disclosure could cause harm to someone else. For example, if a child has accused their parent of abuse, the parent probably won't have access to their child's medical records.

A noncustodial parent's medical rights

So long as the noncustodial parent has parental rights, they can access the child's medical records — unless there's an order stating otherwise.

If their parental rights are terminated, the noncustodial parent can no longer access the child's medical information. If the custodial parent wants to withhold medical information from the other parent, they may have to provide the child's medical providers with proof of the parental rights termination.

What to do if a parent withholds medical info

So long as you have parental rights and the court or another authority hasn't ruled against it, it's your right to access your child's medical information. Here are some actions you can take to gain access.

• Hire a lawyer. A lawyer will know how to interpret the law and your court order to determine whether you have grounds to start a court action. They'll help you build your case and argue your case in court.
• Contact the medical care provider directly. State laws may dictate whether you can get the records from the medical provider. They may ask for a copy of your custody order or another form of proof you have parental rights.
• Speak with the other parent. Remind the other parent that it is your right to access your child's medical records. They may change their mind in order to avoid court.
• Ask your child to permit you to access it. In some states, children of a certain age can grant permission to others to access their medical information.
• Contact the insurance company. The insurance company that paid for the medical services may be able to provide you with a record of the child's treatment.

Preventing a parent from withholding medical information

Plan ahead to ensure you can access your child's medical information. Beyond needing the information to manage your child's health, you may need it to enroll them in school and extracurriculars.

Custody X Change helps you create a court-ready parenting plan that expresses in clear, legal language whether parents have the right to access the child's health information.

If your plan becomes part of a court order and a parent withholds your rights, you'll have grounds to take them to court.

Stay on top of your child's health care with Custody X Change.